NBA-NEC

SPECIAL REPORT: 2024 NBA ELECTIONS – BEHOLD ALL THE ASPIRANTS

• MAIKYAU TO UNVEIL ELECTORAL COMMITTEE MEMBERS AT NEC

As preparations for the 2024 Nigerian Bar Association (NBA) Elections gather steam, CITY LAWYER investigation shows that no less than 36 aspirants may slug it out for the 10 available positions in the NBA Executive Committee.

Meanwhile, there are strong indications that NBA President, Mr. Yakubu Maikyau SAN will on Thursday, December 7, 2023 at the National Executive Council Meeting unveil a list of Electoral Committee of the NBA (ECNBA) members who will midwife the forthcoming elections. Members of the immediate past Electoral Committee who spoke to CITY LAWYER said that they would never return to electoral duties as ECNBA members due to the prolonged debacle over payment of vendors that handled the last elections.

According to CITY LAWYER investigation, no less than four aspirants may head to the poll for the coveted seat of NBA President, even as a question mark hovers over the qualification of at least one of the aspirants.

CITY LAWYER investigation shows that five aspirants may slug it out for the highly influential position of NBA General Secretary. The qualification credentials of at least one of the aspirants may however be tested by the NBA Electoral Committee.

The post of NBA First Vice President remains by far the most crowded so far, with at least eight aspirants vying for the position. While both posts of NBA President and NBA First Vice President are reserved for the “Eastern Zone” by NBA’s rotational arrangement now embedded in the NBA Constitution, the First Vice President takes over from the President in the event of incapacity or similar reasons.

About three former Branch Chairmen and a former Branch Vice Chairman will engage in an electoral face-off for the post of NBA Second Vice President which is reserved for the Western Zone, while at least one aspirant is aggressively ‘consulting’ for the position of Third Vice President which is reserved for the Northern Zone.

The position of Treasurer will witness a fierce fire-fight between three aspirants, even as the same number of aspirants may battle for the high-profile position of NBA Publicity Secretary. Two aspirants have already thrown their hats in the ring for the posts of Welfare Secretary and Assistant General Secretary and Assistant Publicity Secretary.

NBA PRESIDENCY
According to CITY LAWYER investigation, the aspirants who are gunning to replace incumbent NBA President are Mr. Afam Osigwe SAN, Mr. Chukwuka Ikwuazom SAN, Mr. Tobenna Erojikwe, and Mrs. Joyce Oduah.

While Osigwe is a former NBA General Secretary and Chairman of the NBA 2023 Annual General Conference Planning Committee (AGCPC), Ikwuazom is a former Chairman of NBA Lagos Branch and current Chairman of the NBA Security Agencies Relations Committee (NBA-SARC). Erojikwe, a Bencher, is Chairman of the Board of NBA Institute of Continuing Legal Education (NBA-ICLE) and a member of the highly influential National Judicial Commission (NJC).

ODUAH’S ARDUOUS CHALLENGE
Oduah is the immediate past NBA General Secretary and was NBA National Treasurer between 2012 and 2014. While there are concerns on her qualification credentials, this has not dampened her enthusiasm for the top job. Section 9(4)(c) of the NBA Constitution provides that “Any member who has held an elective office as a national officer for two (2) terms shall not be eligible to contest for a national office until at least ten (10) years his/her last term of office.”

EMEKA OZOANI FACTOR
The rumoured entry of ‘new kid on the block,’ Mr. Emeka Ozoani SAN into the presidential race has unsettled some political camps and permutations. Ozoani’s political profile has risen dramatically lately, especially with his high-profile donations to some lawyers who have fallen on hard times. A ranking NBA chieftain told CITY LAWYER that Ozoani had professed to him his quest to contest for the coveted seat of NBA President at least on two occasions. It was however unclear at press time whether his passion for the contest has waned, as two Bar Leaders told CITY LAWYER yesterday that the senior lawyer had informed them that he was no longer interested in the race.

FIRST VICE PRESIDENT
The post of NBA First Vice President has a surfeit of aspirants including former Eastern Bar Forum (EBF) Governor, Mr. Sopriye Long Williams; immediate past NBA Enugu Branch Chairman, Dr. Jude Ezegwui; former Aguata Branch Chairman, Mr. Sabastine Anyia who earlier contested for the post of NBA Welfare Secretary; Dr. Promise Iwezor of Isiokpo Branch; Mr. Reginald Ugwuadu of Port Harcourt Branch; Dr. Gerald Abonyi; former NBA Ikeja Chairman, Mr. Bartholomew Aguegbedo, and former Yenagoa Branch Chairman, Mr. Ikechukwu Stanley Damabide.

SECOND VICE PRESIDENT
The three former Branch chairmen who are gunning for the post of NBA Second Vice President are returnee aspirant, Mr. Isaac Ogbah (Ota Branch), Pius Oiwoh (Benin Branch) and Promise Ademi-Akpeto (Sapele Branch) who was disqualified during the last elections. They will however have to contend with the influential former NBA Lagos Branch Vice Chairman and current NBA Welfare Committee Member Bola Animashaun who is also interested in the position.

THIRD VICE PRESIDENT
Only Mr. Michael Olorunmola of Lokoja Branch seems to have indicated interest for the position of NBA Third Vice President which is zoned to the North.

GENERAL SECRETARY
Among those who will do battle for the position of NBA General Secretary are former NBA Gwagwalada Chairman, Mr. Isah Aliyu; Dr. Mobolaji Ojibara of Ilorin Branch; fiery incumbent NBA Treasurer, Caroline Ladidi Anze-Bishop of Bukuru Branch; former NBA Bwari Chairman, Mr. Abubakar Tsav, and Mr. Idris Doko of NBA Lagos Branch.

A BISHOP’S HURDLE
An NBA political watcher told CITY LAWYER that Anze-Bishop may have to surmount the hurdle of allegedly being a staff on the Nigeria Security and Civil Defence Corps (NSCDC). Section 9(3)(b) of the NBA Constitution provides that “A member of the Association shall be qualified to hold a National Office if he/she, with respect to the office of the President, 1st Vice President and General Secretary, is in private legal practice.” A source close to the embattled NBA Treasurer however told CITY LAWYER that she has been in a partnership practice for sometime now.

TREASURER
The position of Treasurer is a tripodal fire-fight between returnee aspirant, Mr. Chuks Mbamala (Enugu Branch); immediate past NBA Lagos Treasurer Carol Obi, and Blessing Udofa-Poromon of NBA Uyo Branch. However, Carol Ibharuneafe of Ikeja Branch told CITY LAWYER that she is “still consulting” to determine whether to also throw her hat into the ring.

WELFARE SECRETARY
Two returnee aspirants, Messrs Auta Nyada (Suleja Branch) and Gbemiga Adaramola (Ado Ekiti Branch) will dwell with former NBA Benin Branch Young Lawyers Forum (YLF) Chairman, Mr. Oaikhena Osagie for the position of NBA Welfare Secretary.

PUBLICITY SECRETARY
A fiery duel may ensue between former NBA Assistant Publicity Secretary Ferdinand Naza and high-profile legal bloggers Bridget Edokwe and Felix Ashimole (aka Che Oyinatunba) for the position of NBA Publicity Secretary. A source told CITY LAWYER that an initial quest for the post by incumbent NBA Assistant Publicity Secretary Charles Ajiboye may have cooled. Mr. Seth Nwokolo of Oji River Branch also told CITY LAWYER today that he has quit the race to focus on other matters.

ASSISTANT GENERAL SECRETARY
The race for the position of Assistant General Secretary is between Henry Barnabas Ehi of NBA Bwari Branch and returnee aspirant Seun Aka of Ikorodu Branch, even as one Prince Henry Chidiabo (Onitsha Branch) is speculated to be interested in the position.

ASSISTANT PUBLICITY SECRETARY
For the position of Assistant Publicity Secretary, it may be a straight fight between Ms. Ebiere Ekpese of Sagbama Branch and Lawrence Ayewa of Udu Branch. 

The next few days and weeks will determine how the eagerly awaited elections will unfold.

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NBA GETS 3 MORE BOARD TRUSTEES, NOW 9

The Nigerian Bar Association (NBA) has appointed three new Trustees to join its Board of Trustees. The Trustees are Mr. Yunus Ustaz Usman, SAN (NBA Kaduna Branch); Mr. George Etomi (NBA Lagos Branch) and Patricia Igwebuike (NBA Oji River Branch). This brings to nine the total number of NBA Trustees.

An unimpeachable source told CITY LAWYER that the appointments were proposed and accepted at the pre-Annual General Conference National Executive Council (NEC) Meeting and ratified by the Annual General Meeting (AGM) both of which held in Lagos.

CITY LAWYER reliably gathered that appointment letters have been issued to the new Trustees.

The appointments are in line with Section 24(ii) of the amended NBA Constitution which provides that “The Trustees shall be nine (9) in number and shall be known as THE INCORPORATED TRUSTEES OF THE NIGERIAN BAR ASSOCIATION in accordance with the provisions of Part F of the Companies and Allied Matters Act, Act No. 3 2020 (“CAMA” as may be amended from time-to-time). Provided that each geographical zone of the Association as defined in this Constitution shall have an equal number of Trustees.”

Usman was until recently the Chairman of the dissolved NBA Disciplinary Committee. The 15-member committee was set up to investigate complaints of professional impropriety or other misconduct against members of the Bar and to make appropriate recommendations.

Etomi was Chairman of the 12-member Transition Committee which birthed the Olumide Akpata Administration. He was also the pioneer Chairman of NBA Section on Business Law (NBA-SBL). In 2016, Etomi was appointed a member of the Body of Benchers, and is a recipient of the National Productivity Order of Merit Award (NPOM). He is also a member of the International Trade in Legal Services of the Bar Issues Commission of the International Bar Association (IBA) and a regular facilitator at global business conferences.

Igwebuike is currently a Cabinet Member in the Professor Chukwuma Soludo Administration. A former Chairman of NBA Oji River Branch, Igwebuike was a Special Assistant to former Governor Willie Obiano also of Anambra State. She was the Secretary of the recently dissolved NBA General Purposes Committee.

Other members of the Board of Trustees are Dr. Olisa Agbakoba SAN (Chairman), Mr. Joseph Daudu SAN, Mr. Augustine Alegeh SAN, Chief Kanu Agabi SAN, Mrs. Fatima Kwaku, and Mr. Obafemi Adewale.

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FIREWORKS, AS ODUAH, NBA CLASH IN COURT TODAY OVER SUSPENSION

The legal face-off between suspended Nigerian Bar Association General Secretary Joyce Oduah and the association peaks today at the Federal High Court as parties go for each other’s jugular.

CITY LAWYER recalls that Justice A. R. Mohammed had last week declined to grant Oduah’s prayer for interim reliefs, leading to her exclusion from superintending the NBA Secretariat at the recently concluded NBA National Executive Council (NBA-NEC) Meeting which held last Sunday on the sidelines of the Annual General Conference.

The NBA-NEC had brushed aside the court case to ratify Oduah’s suspension by the National Officers, even as it fell short of impeaching her, citing the lawsuit. The meeting also ratified the appointment of Ms. Uche Nwadialo as Acting General Secretary.

Justice Mohammed had however adjourned the matter to today for hearing on Oduah’s Motion on Notice, the court having ordered her to serve NBA with the processes.

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police. The ex-parte application had sought to restrain the NBA and other defendants from giving effect to Oduah’s suspension by the NBA National Executive Committee among other reliefs.

CITY LAWYER had in an exclusive report noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for removal over alleged gross misconduct.

Oduah’s Counsel, Mr. Ayotunde Ogunleye (who stood in for Lead Counsel, Mr. Muritala Abdul-rasheed) had informed the court of the pendency of an ex-parte application dated and filed on 16th August, 2022. He sought to move the application.

In opposing the application, Mr. Solomon Umoh (SAN) and Mr. Godwin Omoaka (SAN) announced their appearances on behalf of the Incorporated Trustees of the Nigerian Bar Association and Mr. Olumide Akpata respectively, the 1st and 2nd Defendants, and informed the court that the matter was brought to their attention through social media.

Omoaka told the court that a preliminary objection challenging the jurisdiction of the court to hear Oduah’s suit as well as the ex-parte application had been filed on behalf of the two defendants.

He argued that the law is settled that where an objection to the jurisdiction of the court is raised, the court has an obligation to hear the objection first before attending to any other matter or application.

Omoaka then urged the court to set down the Preliminary Objection for hearing and ahead of hearing of the applicant’s ex-parte application.

Ogunleye however objected to Omoaka’s submissions, arguing that the business of the day was the hearing of the ex-parte application. He stated that the rules of court and judicial precedents are clear that where a defendant is present at the hearing of an ex-parte motion, he can only be seen and not heard.

Replying on points of law, Omoaka distinguished the authorities cited by Oduah’s Counsel from the case at hand and urged the court to first set down the preliminary objection for hearing.

In a short ruling, the court agreed with Omoaka that where a preliminary objection is raised, the court has a duty to hear it first. Justice Mohammed however held that the business of the day was the hearing of the ex-parte motion.

The court further held that it would exercise its discretion to hear the ex-parte application and set down the preliminary objection for hearing at a later date. This paved the way for Ogunleye to move the ex-parte application.

Ogunleye prayed the court for various injunctive and preservative reliefs.

In its ruling on the ex-parte motion, the court observed that the reliefs sought were the same as the reliefs sought in Oduah’s Motion on Notice. It declined to grant the prayers and ordered that the defendants be put on notice.

Abdul-Rasheed had confirmed the ruling to CITY LAWYER, saying: “The court has directed that we put the respondents on notice and come back on Tuesday.”

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

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SUSPENSION: ODUAH’S LAWYER REACTS, SAYS RATIFICATION A MOCKERY

The Lead Counsel to Mrs. Joyce Oduah, the suspended General Secretary of the Nigerian Bar Association (NBA), Mr. Muritala Abdul-rasheed SAN has condemned NBA National Executive Council (NBA-NEC) for ratifying her suspension by the National Officers.

Asked whether he was satisfied with the outcome of yesterday’s NBA-NEC meeting which fell short of impeaching Oduah due to a pending lawsuit at the Federal High Court, Abdul-rasheed said cryptically: “Not at all!”

He told CITY LAWYER that “It (ratification) is a decision that made mockery of the fundamental objective of the NBA.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Oduah had urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), Abdul-rasheed blamed Akpata from Oduah’s travails.

In an email sent to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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OKUTEPA BLASTS NBA-NEC FOR RATIFYING ODUAH’S SUSPENSION

Fiery senior lawyer, Mr. Jibrin Okutepa SAN has berated the Nigerian Bar Association National Executive Council (NBA-NEC) for ratifying the suspension of erstwhile General Secretary Joyce Oduah.

In a post he made on CITY LAWYER WhatsApp platform, the former NBA Prosecutor at the Legal Practitioners Disciplinary Committee (LPDC) said that “NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.”

He also chided NBA President, Mr. Olumide Akpata for presiding over the meeting where the decision was taken, saying: “I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.”

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

Below is the full text of the post:

If the news I read of the just concluded National Executive Council, of NBA that the suspension of Mrs Joyce Oduah as General Secretary of NBA has been rectified, is true, then the National Executive Council of NBA has exhibited the worst example of disrespect for the rule of law and showed total disrespect to the pending processes filed by Mrs Joyce Oduah, Challenging her suspension.

There is no dispute that Mrs Joyce Oduah, had gone to the Federal High Court to challenge her suspension by the NEC of NBA. Those who took part in the said suspension have been sued. There was a motion for injunction pending and which NBA and incorporated Trustees of NBA are aware of. The case is suit No FHC/ABJ/CS/1426/2022. It was adjourned to 23rd August 2022. NBA President Mr Akpata was in Court when the case was adjourned. The case seeks injunction against her suspension and taking any decision to rectify her suspension from office as General Secretary. I am not in support of misconduct alleged against Mrs Joyce Oduah. I am not and I will not if all those allegations or facts alleged against her are true.

But that is another matter altogether. But can NBA whose foremost motto is promoting the rule of law engage in self-help to rectify actions being challenged ed in court. I do not think so. That decision to ratify her suspension is a bad example coming from an association that should be the vanguard of, protection of and promotion of the rule of law. Our courts have consistently frown at resorts to self-help to undermine pending processes.

The principle is settled that the Court cannot be hamstrung by a party who changes the status quo during litigation. Thus, if a party cannot prove its case, the Court is not obliged to indulge the party because it had changed its position during litigation and it may suffer the consequences if the case is resolved against such a party. In consequence, a party who resorts to self-help cannot enjoy any favour from the Court.

That is the essence of the dictum of Nnaemeka-Agu JSC as he then was, in Registered Trustees Apostolic Church v. Olowoleni (1990) 4 NWLR (Pt.1580) 514 at 537 where he said: “Once parties have turned their dispute over to the Courts for determinations, the right to resort to self-help ends. So it is not permissible for one of the parties to take any step during the pendency of the suit which may have the effect of fostering upon a Court a situation of complete helplessness or which may give the impression that the Court is being used as a mere subterfuge to tie the hands of one party while the party helps himself extra judicially. Both parties are to wait the result of the litigation and the appropriate order of Court before acting further.

My lord Hon Justice Nweze JCA as he then was spoke eloquently to the point I am making when he said: “Above all, it has long been settled on the authorities that a court would not hesitate to invoke its disciplinary powers to prevent its processes from being used as a mere subterfuge. Thus, once parties have turned their dispute over to the courts for determination, the resort to self-help must end. Thenceforth, it would not be permissible for one of the parties to take any step during the pendency of the suit which may have the effect of foisting upon the court a situation of complete helplessness. Indeed, a court would always look with askance at any disingenuous approach which may give the impression that it is being used as a mere subterfuge to tie the hands of one party while the other party helps himself extra-judicially. Both parties are expected to await the result of the litigation and the appropriate order of court before acting further. As such, it is a reprehensible conduct for any party to an action or appeal, pending in court, to proceed to take the law into his hands without any specific order of the court and to do any act which would pre-empt the result of the action. The courts frown against such a conduct and would always invoke their disciplinary powers to restore the status quo, Registered Trustees, Apostolic Church v Olowoleni (1990) 6 NWLR (pt 158) 514; Combined Trade Ltd v A.S.T.B. Ltd. (1995) 6 NWLR (pt. 404) 709; Ezegbu v. F.A.T.B. Ltd. (1992) 1 NWLR (pt.220) 699. This ancient rule is even more cogent in a constitutional democracy such as ours where the Judiciary operates as “the guardian of the Constitution”. In the discharge of its guardianship role, it has a duty to ensure that every arm of Government operates only within the substantive and procedural frameworks which the Constitution ordains, AG Bendel v AG Federation [1983] ANLR 208.” Per NWEZE, JCA as he then was now JSC at PP. 40-41, paras. E-F in HON JUSTICE T. A. OYEYEMI (RTD) & ORS V. HON TIMOTHY OWOEYE & ANOR (2012) LPELR-19695(CA).

NBA does not end with the tenure of Olumide Akpata as President. Why will NBA not wait and respect the pending processes which it was aware of and had engaged some senior lawyers to defend. The dispute in this matter having been handed over to the Court for determination, NBA and National Executive Council cannot be allowed to take the law into their own hands. The rule of law and the rule of force are mutually exclusive. Law rules by reason and morality. Force rules by violence and immorality. See The Military Governor of Lagos State & Anor. vs. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621. A similar action was deprecated by the Supreme Court in The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), wherein Obaseki, J.S.C. As h/e then was stated as follows: “In the area where the rule of law operates, the rule of self-help by force is abandoned. Nigeria being one of the countries in the world which proclaim loudly to follow the rule of law, there is no room for the rule of self-help by force to operate. Once a dispute has arisen between a person and the government or authority and the dispute has been brought before Court, thereby invoking the judicial powers of the State, it is the duty of the government to allow the law to take its course or allow the legal and judicial process to run its full course. The action the Lagos State Government took can have no other interpretation than the show of the intention to pre-empt the decision of the Court. The Courts expect the utmost respect of the law from the government itself which rules by the law.”

As my lord Amina Angie JCA as he the was said in DUMBILI NWADIAJUEBOWE VS COL. C. D. NWAWO (RTD.) & ORS (2003) LPELR-7234(CA): As the Supreme Court observed in Ojukwu’s case, the judiciary cannot shirk its sacred responsibility to the nation to maintain the rule of law, and the law should be evenhanded between the government and citizens. What was the hurry? I do not see what the Delta State Government had to lose if it had waited for the substantive case to be decided before it published the Legal Notice. The law is trite that once the Court is seised of a matter, no party has a right to take the matter into his own hands. See The Military Governor of Lagos State v. Chief Emeka Odumegwu Ojukwu (supra), Regd. Trustees Apostolic Church v. Olowoleni (supra), & Bedding Holdings Ltd. v. N.E.C. (supra). It must be repeated, no one (including Government) is entitled to take the law into his own hands. The learned trial Judge was therefore right to have made the injunctive orders granted.”

I think NBA in this case was in a fatal error rooted in self-help to have rectified the suspension being challenged in court. Court processes may be slow, but as professional association we have a duty to show example. Here NBA under Olumide Akpata failed fatally flat in the test for respect for the rule of law and due process when he presided over and took decision that showed lack of respect for our judicial process. We must respect our courts otherwise anarchy is being invited.

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IMPEACHMENT: ODUAH KNOWS FATE TODAY, ASKS NEC MEMBERS TO SHUN MOVE

  • PHOTO EXCLUDED IN NEC BUNDLE

The fate of the suspended General Secretary of the Nigerian Bar Association Joyce Oduah will be decided today by the National Executive Council of the Nigerian Bar Association (NBA-NEC).

The NBA-NEC meeting holds today at 4 pm at the Eko Atlantic City, Lagos, venue of this year’s NBA Annual General Conference (AGC).

Meanwhile, Oduah’s photograph is conspicuously absent from the list of National Executive Committee members as listed in the NEC Bundle sent to members for today’s meeting. It has been replaced with the photograph of Acting General Secretary, Ms. Uche Nwadialo. The notice for the NEC Meeting issued by the suspended General Secretary is however retained while her photograph also adorns the AGC Programme as “General Secretary,” perhaps due to logistical challenges.

CITY LAWYER recalls that NBA National Officers had in a unanimous decision resolved to suspend Oduah from her position, accusing her of gross misconduct. NBA President, Mr. Olumide Akpata recused himself from the meeting, given his face-off with Oduah. The National Officers had also resolved to recommend Oduah to the NBA-NEC for “removal from office for gross misconduct.”

In an email to NBA members obtained by CITY LAWYER informing them of the resolution to suspend Oduah as General Secretary and signed by nine of the 11 NBA National Executive Committee members, the committee stated that the suspension was based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Committee also stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Oduah has however fought back, dragging NBA to the Federal High Court. Her attempt to secure interim reliefs and superintend over the NBA Secretariat at today’s meeting failed as the court refused to grant her interim reliefs. The matter has been adjourned to Tuesday for hearing of her Motion on Notice.

Meanwhile, Oduah has urged NBA-NEC members to refrain from taking any action that may lead to her removal as General Secretary, citing the court case.

Writing on Oduah’s behalf to members of the NBA National Executive Council (NEC), her Lead Counsel and former Chief of Staff to NBA President, Mr. Muritala Abdul-rasheed SAN blamed Akpata from Oduah’s travails.

In an email sent yesterday to all NBA-NEC members among others, Abdul-rasheed stated that the suspended NBA General Secretary “received notice of a purported resolution passed by the Members of the National Executive Committee the NBA under the supervision and manipulation of Mr. Olumide Akpata, the 31st President of the Nigerian Bar Association.”

Dated August 18, 2022, the email was copied to the Attorney-General of the Federation and Minister of Justice, NBA Trustees, all Senior Advocates of Nigeria, members of the Body of Benchers, National Executive Committee members, chairmen and secretaries of NBA branches, co-opted NBA-NEC members, past NBA National Officers, and all NBA members.

Abdul-rasheed argued that the suspension of a National Officer “is not contemplated by the Constitution of the NBA,” adding that “members of the Executive Committee have no vires to discipline or suspend our client from office as they purport to do in their misguided resolution.”

He prayed the NBA-NEC members to respect the pending case, noting that Oduah is “the center gravity and engine room of NBA-NEC meetings” and that “The purported suspension of our client was illegally carried out.”

The email which was titled “RE: SUIT NO : FHC /ABJ/CS/1426 /2022 Between: Mrs . Joyce Oduah V . The Incorp. Trustees of the NBA,” noted that the matter came up for hearing last Thursday, adding that “At the proceedings, the Incoorporated (sic) Trustees of the Nigerian Bar Association was represented by Mr. Solomon Umoh, SAN, while Mr. Olumide Akpata, the President of the NBA, was in Court in person and represented by Mr. Godwin Omoaka, SAN. The Defendants therefore are aware of the pendency of the action.”

Noting that NBA’s core objective “is promotion and protection of the principles of rule of law and respect for fundamental rights, human rights and people’s rights, Oduah’s counsel stated that “we have our client’s instruction to to respectfully pray the NBA-NEC thus:

i. that all steps be taken by the NEC to ensure the pending litigation and proceedings of the Honourable Court is respected;

ii. that all parties to the pending litigation respect the rule of law and desist from taking any steps, action(s), move motion(s) and/or pass resolution(s) and/or not doing anything capable of jeopardizing and/or disrespecting the pending proceedings before the Honourable Court; and

iii. that the subject matter of the pending litigation, which is now caught by the doctrine of les pendens, is not discussed, put to vote, motion(s), resolution(s) and/or decided upon by the NEC.”

In a veiled reference to Akpata, Abdul-rasheed prayed that “NEC will NOT allow any member, no matter how highly placed or influential, to surreptitiously move her to take any of the above actions.”

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ODUAH ASKS COURT TO QUASH SUSPENSION, SEEKS POLICE PROTECTION

The suspended Nigerian Bar Association (NBA) General Secretary, Joyce Oduah has urged the Federal High Court to reverse her suspension by the NBA National Executive Committee (NBA-NEC) and order the defendants “to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction.”

CITY LAWYER had in exclusive reports noted the suspension of Oduah by a unanimous decision of the NBA-NEC, even as the National Officers also vowed to drag her to the National Executive Council for “removal” over alleged gross misconduct.

But Oduah urged the court to determine whether the defendants “have the vires to suspend the Plaintiff from the office of the General Secretary of the Nigerian Bar Association (the 1st Defendant herein).”

Among the defendants are the Incorporated Trustees of the Nigerian Bar Association; NBA President, Mr. Olumide Akpata; other National Officers and the Inspector-General of Police.

Oduah’s Counsel and erstwhile Chief of Staff to NBA President, Mr. Murtala Abdul-Rasheed (SAN) told CITY LAWYER that the lawsuit was accompanied by an Affidavit of Urgency.

According to a Motion Ex-parte obtained by CITY LAWYER, the plaintiff is seeking “AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents.”

Oduah also prayed for an order “restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association).”

While urging the court to bar Ms. Uche Nwadialo from acting in her stead, the plaintiff also prayed for “AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.”

She has also prayed for police protection should the court grant the injunction, urging the court to grant “AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.”

Below is the full text of the orders sought by the plaintiff:

1. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT directing parties in this suit to maintain status quo ante bellum pending the determination of the Motion on Notice seeking interlocutory orders of injunction;

2. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT restraining the 6th Defendant/Respondent or any other person by whatsoever name called other than the Plaintiff/Applicant from acting as the General Secretary or performing the duties of the General Secretary of the 1st Defendant/Respondent pending the remaining period of the Plaintiff/Applicant’s tenure as the General Secretary of the 1st Defendant/Respondent or determination of the Motion on Notice, whichever is earlier;

3. AN ORDER OF INTERIM INJUNCTION OF THIS HONOURABLE COURT, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from it from acting or relying on or continuing to rely on, act on, implement, give effect to, interfere with or do anything to the prejudice of the Plaintiff/Applicant based on the decision document titled: “Resolution of the Meeting of the National Executive Committee of the Nigerian Bar Association held on 15 August, 2022” wherein the Plaintiff/Applicant was purportedly suspended from office as the General Secretary of the 1st Defendant/Respondent by the 3rd to 11th Defendants/Respondents;

4. AN ORDER OF INTERIM INJUNCTION, pending the hearing and determination of the Motion on Notice, restraining the Defendants by themselves, through their officers, servants, privies, agents or any other persons(s), agencies or individuals deriving power, command, authority, instruction or directives from them from suspending/removing the Plaintiff/Applicant as the General Secretary of the 1st Defendant/Respondent (the Nigerian Bar Association);

5. AN ORDER OF INTERIM INJUNCTION restraining the Defendants/Respondents, their agents, servants and or privies from interfering with, frustrating or otherwise obstructing the Plaintiff/Applicant, the General Secretary of the Nigerian Bar Association, in the course of her duties as General Secretary of the Nigerian Bar Association pending the hearing and determination of the Motion on Notice.

6. AN ORDER OF INTERIM INJUNCTION pending the hearing and determination of the Motion on Notice restraining the 2nd to 11th Respondents, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

7. AN ORDER of interim injunction pending the hearing and determination of the Motion on Notice directing the 12th Defendant/Respondent, either by themselves, their servants, privies, officers, agents, cronies or howsoever from further harassing, threatening, intimidating, assaulting and/or attacking the Plaintiff/Applicant for any reason whatsoever.

8. IN PURSUANCE OF (1) TO (8) ABOVE pending the hearing and determination of the Motion on Notice, AN ORDER directing the 12th Defendant/Respondent (Inspector General of Police), and/or other officers under his Command and/or the Commissioner of Police, and all other officers as the Commissioner of Police may designate and Court Bailiffs to assist the Plaintiff/Applicant in the discharge of her duties as the General Secretary of the 1st Defendant/Respondent together with all other rights of whatever kind deriving from or incidental to any of the foregoing orders and also in execution of the orders herein made.

AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Honourable Court may deem fit to grant in the circumstance(s).

CITY LAWYER recalls that the NBA National Officers had in an email to members informed them of their resolution suspending Oduah as General Secretary. Signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

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NBA EXCO ASKS NEC TO IMPEACH ODUAH FOR GROSS MISCONDUCT

The National Executive Committee of the Nigerian Bar Association has resolved to recommend Mrs. Joyce Oduah to the NBA National Executive Council for removal.

The move confirms earlier exclusive reports by CITY LAWYER on the suspension of the erstwhile General Secretary as well as moves by National Officers to impeach her for alleged misconduct.

In an email to NBA members informing them of the resolution of the Executive Committee to suspend Oduah as General Secretary and signed by nine of its 11 members, the committee stated that the move is based on “weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee.”

The Executive Committee stated that “At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.”

Below is the full text of the statement.

RESOLUTION OF THE MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON MONDAY 15TH AUGUST 2022

“Following the receipt of a letter dated 14th August 2022, from 9 National Officers of the Nigerian Bar Association (NBA) calling on the President of the NBA, Mr. Olumide Akpata to call an emergency meeting of the National Executive Committee, the meeting held on Monday 15th August 2022 by 8am with the following members in attendance:

1) Olumide Akpata – President
2) John Aikpokpo-Martins – 1st Vice President
3) Debo Adeyemo Kazeem – 2nd Vice President
4) Ombo Victor Frank-Briggs – 3rd Vice President
5) Joyce Oduah – General Secretary
6) Uchenna Nwadialo – Assistant General Secretary
7) Mercy Ijato Agada – Treasurer
8) Raphael Nnamdi Anagor – Financial Secretary
9) Olukunle Edun – Welfare Secretary
10) Rapuluchukwu Nduka – Publicity Secretary
11) Ferdinand Naza – Assistant Publicity Secretary

“The meeting deliberated extensively on the content of the above referenced letter and the weighty allegations against the General Secretary, Mrs Joyce Oduah in particular her acts of alleged disobedience to the President, the National Executive Council of the Association (NBA-NEC) and the National Executive Committee

“Owing to the contents of the letters and statements issued by General Secretary and the disclaimer that the President issued, the NBA President, Mr. Olumide Akpata recused himself from the deliberations and handed over to the 1st Vice President, Mr. John Aikpokpo Martins to chair the meeting.

“At the end of the deliberations, the National Executive Committee by a unanimous decision, resolved to refer the General Secretary, Mrs Joyce Oduah to NBA-NEC for disciplinary action under the provisions of section 20(1) of the NBA Constitution 2015 (as amended in 2021) and to recommend her removal from office for gross misconduct.

“In the meantime, however, in view of the critical importance of the Annual General Meeting which is scheduled to hold on 25th August 2022, and to prevent the General Secretary, Mrs Joyce Oduah from imperiling the Annual General Meeting, the Annual General Conference or the succession to the next administration by her unilateral and unauthorised communications purporting to be legitimate communications from the Association, the National Executive Committee has unanimously exercised its emergency powers under section 9(6) (d) of the NBA Constitution 2015 (as amended in 2021) to suspend Mrs Joyce Oduah from office as the General Secretary of the Association with immediate effect pending the Pre-Conference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“The Assistant General Secretary, Ms. Uchenna Nwadialo shall immediately act as the General Secretary pending the PreConference meeting of the NBA-NEC scheduled to hold on Sunday 21st August 2022.

“All members of the Association are advised to continue their preparations for the forthcoming Annual General Conference.”

Signed

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EXCLUSIVE: NBA EXCO IN EMERGENCY MEETING, MAY IMPEACH GENERAL SECRETARY

The National Executive Committee of the Nigerian Bar Association (NBA-NEC) is currently having an Emergency Meeting over the crisis rocking the Mr. Olumide Akpata Administration, CITY LAWYER can authoritatively report.

A source at the meeting told CITY LAWYER that one of the issues that may be considered by the meeting is whether to impeach the embattled General Secretary of the association, Joyce Oduah for “utter disrespect of the entire National Officers and for refusing to carry out the directives of the NBA-NEC.”

Several National Officers told CITY LAWYER that they were aggrieved with the General Secretary’s refusal to issue approved notice of meeting for the NBA Annual General Meeting (AGM) as resolved by the NBA-NEC.

A ranking National Officer told CITY LAWYER that the last straw was the withdrawal of the AGM Notice by the General Secretary, adding that “It is a huge disrespect to National Officers. If any National Officer exceeds his or her powers, there are bound to be sanctions. Several options are open to us.”

CITY LAWYER also gathered that the NBA-NEC is worried that Oduah may continue with her “disruptive attitude,” adding that “No-one knows what she would do next. This has to be dealt with.”

There are however indications that some National Officers are not certain about the constitutionality of the impeachment move. “I do not know whether we have such powers. But rest assured that whatever we do will be based on law and the NBA Constitution,” a National Officer told CITY LAWYER, adding that “We will not take any arbitrary decision, notwithstanding the egregious and longstanding infractions of the General Secretary.”

When CITY LAWYER contacted Oduah, she said she was not invited to the meeting. “I have not received any Notice of Meeting,” she said. “I believe it was a virtual meeting. No ZOOM link was sent to me. At any rate, I am the one who should issue any Notice of Meeting. It is like shaving one’s head in his absence.”

Oduah also queried the legality of the planned impeachment, saying “The National Executive Committee has no such powers. It is only the NBA-NEC or the General Meeting that can remove an officer. This is not about me but about the office of the General Secretary.”

CITY LAWYER recalls that Akpata issued a disclaimer against a notice by Oduah withdrawing earlier notices by her and the Assistant General Secretary, Uche Nwadialo.

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AMANDA ASAGBA APPLAUDS SURULERE LAWYERS ON BRANCH STATUS

I wish to congratulate the leadership and members of Surulere Lawyers Forum (SLF) on the historic elevation of the Forum to a full-fledged branch of the Nigerian Bar Association by the NBA National Executive Council (NBA-NEC) at its recent meeting in Ilorin, Kwara State.

This is a well-deserved achievement when viewed against the backdrop of your longstanding Bar activism and uncommon programmes which target the welfare of your teeming and active members.

Let me also put on record my deep appreciation to you all for the very warm reception you extended to me and the opportunity accorded me to address the Forum. Please be assured that I do not take this for granted.

While commending our indefatigable NBA President, Mr. Olumide Akpata for his foresight in creating the new branches, I urge you all to continue with your laudable goal of promoting human rights and rule of law as well as fostering the well-being of members.

AMANDA DEMECHI-ASAGBA
AWLA President

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ISAAC OGBAH LAUDS SURULERE LAWYERS ON NEW BRANCH

Isaac Omuta Ogbah, Candidate for the forthcoming NBA 3rd Vice President national elections attends NBA Surulere Lawyers’ Forum (SLF) meeting.

* Congratulates the leadership and the entire members of SLF on the creation of the NBA Surulere Branch alongside other 2 new branches created at the Ilorin NEC meeting of the NBA.

* Commends then on the Unity that abounds amongst the members of SLF since 2006 when the forum was established and admonishes then to build on the existing unity of purpose to ensure that this young branch of the NBA emerges as one of the best NBA branches in years to come.

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‘WE WILL ISSUE CODE ON LAWYER SAFETY SOON,’ GADZAMA TELLS NBA-NEC

FEATURED

ENCOMIUMS AS THE JOE-KYARI GADZAMA-LED NBA-SARC PRESENTS ITS REPORT TO NBA-NEC, MAKES BOLD RECOMMENDATIONS FOR IMPROVED SAFETY OF LAWYERS

At the Nigerian Bar Association – National Executive Council (NEC) meeting, held at Ilorin on Thursday, June 9, 2022, the chairman of the NBA- Security Agencies Relations Committee (NBA-SARC), Joe-Kyari Gadzama SAN, presented the report of the NBA- SARC, highlighting the streak of successes, strives, strides and achievements of the NBA-SARC, in less than 6 months of its inauguration, stating that within the period of six months of the inauguration of the NBA-SARC, the Committee has successfully intervened in over 15 cases involving legal practitioners and security agencies across the country.

Chief Gadzama stated further that apart from the NBA-SARC’s interventions, it has also organised a Townhall Sensitization Webinar where it created awareness of its mandates. On Saturday, February 19, 2022, the NBA-SARC also organized a roundtable discussion with executives of the NBA branches and thereafter followed up with a virtual townhall sensitization for young lawyers, this is to create a consciousness of its mandate and also to discuss issues bothering on safety and welfare of legal practitioners.

The NBA-SARC has also participated in the CLEEN Foundation Methodology Workshop ahead of the Police Reform Audit in Nigeria, an event which was held on May 18, 2022, at the NBA-Secretariat, among a host of other events participated in, aim at championing improved welfare for the Nigerian Lawyers.

Speaking passionately, Chief Joe-Kyari Gadzama said there was a lot more to do as he itemized the several upcoming programs of the NBA-SARC. He noted that the NBA-SARC has also lined up a series of other hybrid programs, physical and online, directed at the sensitization of both personnel of security agencies and legal practitioners, viz Webinars, Workshops, Courtesy Visits, et al. tailored, ultimately, for an improved efficient and cordial relations with security agencies across the country, focally including the Nigerian Police Force.

In the NBA-SARC’s report as presented by Chief Joe-Kyari Gadzama, SAN, the following far-reaching recommendations for the improved safety of the Nigerian lawyers were made:

1. Subcommittees of the NBA-SARC at each of the 125 branches of the NBA: That in line with the mandates of the NBA-SARC to work with the various branches of the NBA to achieve, at the branch level, its objectives, there is plan to raise subcommittees of the NBA-SARC at each of the 125 branches of the NBA, comprised of 5 to 15 members of the Young Lawyers’ Forum (YLF), to be headed by the Chairmen of the YLF of each branch, and the National Chairman of the NBA YLF, to be co-opted to our Committee.

Chief Gadzama explained that this will provide a prompt complaint platform, more easily accessible to members of the NBA, at the various branch level. This will also help in the collation of harassment cases and intimidation against lawyers by security agencies, and importantly, the urgency with which they are dealt with. It is also worthy of note that the YLF provides an arsenal that can be empowered by the NBA to help in the fight against human rights abuses, thereby promoting public interest lawyering.

2. Wider membership of NBA-SARC to include Representatives of the Law Enforcement Agencies: The NBA-SARC Chairman explained that the importance of having all hands on deck for the NBA-SARC and the NBA to consistently take the lead in the safety and welfare of all legal practitioners across the country. That there was a dire need for a broadened membership of the NBA-SARC to include representatives of the Law Enforcement Agencies who are Legal Officers that are part and parcel of the NBA as qualified legal practitioners within the public sector. This will further foster a harmonious relationship with these respective law enforcement agencies.

3. Preparation of a Code of Engagement for Lawyers in their Relations with Law Enforcement Agencies: Chief Gadzama explained that one of the mandates of the NBA-SARC is to “develop and promote proper protocols for engagement with security agencies by lawyers, in the course of carrying out their professional duties”. That the Committee has noted the need for a code that provides guidelines and/or protocols to aid lawyers in proper engagement with security agencies in the course of carrying out professional duties.

4. Need for the NBA-SARC to be a Standing Committee: The NBA-SARC Chairman explained that the NBA-SARC presently liaises with these security agencies with a view to stemming the ugly trend of harassment of legal practitioners and engendering a harmonious and mutually beneficial working relationship between members of the NBA and members of the various Security Agencies. This, Chief Gadzama, explained as an ongoing process and bridges of trust and mutual respect are presently being built. That as with bridges, it takes consistency, hard work planning and strategy to build. If the present drive to ensure the welfare and safety of legal practitioners is to be further entrenched and strengthened, that there is an urgent need to make the NBA-SARC a Standing Committee of the NBA so that there is continuity in the works of the Committee, so that the efforts made so far, do not go down the drain and that the momentum set by this Akpata-led administration is sustained.

5. The Need for Yearly Workshop or Town Hall meeting with Law Enforcement Agencies: The successes recorded at the 1st Hybrid Townhall Meeting of the NBA-SARC held on the 5th day of April, 2022, at the Auditorium of the NBA National Secretariat, Abuja should be sustained. Chief Joe-Kyari Gadzama explained that the floodgate of feedback at the said maiden Hybrid Meeting, jointly emphasize the need for frequent liaisons and/or interaction between the Bar and the security agencies and that there was a need for more of such meetings to foster a cordial relationship between the NBA and security agencies across Nigeria. The Gadzama-led Committee has therefore reiterated the need for a yearly workshop and/or Town-hall meeting with law enforcement agencies across the country.

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ISAAC OGBAH LAUDS AKPATA, NBA IN LAGOS, ABUJA ON NEC MEET, NEW BRANCHES

Isaac OMUTA Ogbah, FICMC, candidate for the 3rd Vice President of NBA has commended NBA President, Mr. Olumide Akpata and all national officers of the NBA and all NEC members for the success of Ilorin NEC meeting.

He also congratulated NBA branches of Kwara State for seeing to the success of Ilorin NEC meeting.

Ogbah, the publisher and Editor-in-Chief of the Erudite Judgments of the Supreme Court (EJSC), also congratulated NBA in Lagos and Abuja respectively for NEC’s approval of the establishment of NBA Surulere, Garki and Nyanya branches.

SAFIYA BALARABE WISHES NBA-NEC MEMBERS SAFE JOURNEY FROM ILORIN

SAFIYA BALARABE, CANDIDATE FOR NBA TREASURER BIDS MEMBERS OF NBA-NEC SAFE TRAVELS BACK HOME

Read below Safiya Balarabe’s message bidding all members of NBA-NEC safe journey after a resoundingly successful NEC meeting, yesterday, 9th June, 2022 at Ilorin Kwara State.

“It gives me great pleasure to wish all members of NBA-NEC safe travels back to their various destinations.

“The NEC meeting was resoundingly successful. The NBA leadership has yet again demonstrated capacity and will to better the lot of its members. The increment of the branch share of the BPF is by far my favorite highlight of this quarter’s meeting. This is indeed a very welcome development.

May God bless the NBA”

Signed:
Safiya Balarabe, Treasurer, NBA Women Forum and Candidate for the position of NBA Treasurer 2022-2024

CLEMENT CHUKWUEMEKA BIDS NBA-NEC DELEGATES FAREWELL FROM ILORIN

Clement Ugo Chukwuemeka (AKA DEMOCRAT) a cleared candidate for the office of 2nd Vice President of NBA warmly wish the President of NBA and all NBA NEC delegates safe journey back to their respective states from Ilorin Kwara State.

The harmony State and her gods will bear witness of far reaching decisions that took place in the serene atmosphere of Ilorin. Decisions of solace and harmonious co existence of members in branches, Various Committee reports of hope for the future survival of the Bar and the Nigerian project and many more.

The administration of Olumide Akpata no doubt have demonstrated capacity and delivered on core promises . The road map has been laid and I appreciate the NBA leadership for that. 

As we appreciate this current leadership for their meritorious service to the Bar , let all qualified voters take a deep breath and think deeply before choosing the next leadership. The choice we make shall define us before the society we are meant to stand in gab for. NBA as I know , is a Presure Group . It shall be activated in full gear to consolidate the gains of Akpata led regime . 

More than Ten thought provoking decisions were reached at this NEC held in Ilorin, the creation of additional branches in FCT , Abuja to solve the lingering problem manufactured by the enemies of the Bar, instituting about 8 disciplinary cases against senior lawyers of the bar, and above all institutionalizing of compulsory written contract between counsel and law-firms etc. It was indeed a good way to end a tenure . I hereby urge NEC members especially the Branch chairmen and their Excos to institutionalize peace and harmony in their branches . We can not be hosted by a state of harmony without imbibing it as a culture in our daily lives . Safe journey NEC members .

I am Clement Ugo Chukwuemeka (Democrat). It is a Democratic New Order 2022. Join the Movement.

AMANDA ASAGBA LAUDS MEMBERS ON NBA-NEC MEETING IN ILORIN

I heartily rejoice with NBA President, Mr. Olumide Akpata, on the ongoing NEC Meeting in Ilorin.

I wish all NBA-NEC members, observers and other stakeholders fruitful deliberations.

As you commence your departure from Ilorin, l wish you all journey mercies to your various destinations.

AMANDA DEMECHI-ASAGBA

SAFIYA BALARABE HAILS NBA-NEC MEMBERS ON ILORIN MEET

FEATURED

PROMINENT CANDIDATE FOR NBA TREASURER, SAFIYA BALARABE EXTENDS GOODWILL MESSAGE TO ALL NATIONAL EXECUTIVE COUNCIL MEMBERS ON THE OCCASION OF ITS QUARTERLY MEETING

Safiya Balarabe, a leading candidate for NBA Treasurer has sent a goodwill message to delegates attending the quarterly meeting of the National Executive Council (“NEC”) in Ilorin, Kwara State. In her message, the Treasurer, NBA Women Forum wished all delegates safe travels and fruitful deliberations.

Read below her message.

“It is that time of the year again when we converge as representatives of the various branches, committees and fora of the NBA to rub minds with a view to further strengthening our stance and prospects as a body of learned personalities.

As you gather tomorrow, 9th June, 2022 in Ilorin, it is my prayer that you will as usual deploy your best inputs so as to take the NBA to even greater heights.

Let me also use this medium to will delegates journeying down to Ilorin safe and stress free travels.

I wish us fruitful deliberations.

Thank you and God bless”

Signed:

  1. Safiya Balarabe, Treasurer, NBA Women Forum and Candidate for the position of NBA Treasurer 2022-2024 Continue Reading

FRIENDS OF ISAAC OGBAH WELCOME AKPATA, DELEGATES TO ILORIN NBA-NEC

FRIENDS OF ISAAC OMUTA OGBAH, former Chairman of the NBA Ota Branch and Candidate for office of the NBA 3rd Vice President, welcomes the NBA President and all NEC delegates to Ilorin.

“… Friends of Isaac Omuta Ogbah, the immediate past Chairman of the Utter Bar, welcomes President of the NBA, Mr. Olumide Akpata and all NEC Members to the NEC meeting holding in Ilorin from June 8-June 10, 2022.”


SENIOR ADVOCATE TACKLES ECNBA OVER DISQUALIFICATION OF VP ASPIRANT

A senior lawyer, Mr. Mohammed Ndayako, SAN has disagreed with the Electoral Committee of the Nigerian Bar Association (ECNBA) over its disqualification of NBA First Vice President aspirant, Mr. Muhammad Idris Doko from contesting the forthcoming NBA National Officers election.

Doko was disqualified from participating in the election because “your Seconder being a member of a political party in Nigeria is not qualified like you in accordance with the provisions of the Constitution.” Ndayako is Doko’s seconder.

But in a response to the disqualification made available to CITY LAWYER, Ndayako described the turn of events as “rather unfortunate,” arguing that membership of political party was never raised as an issue in the nomination form.

He also berated the electoral committee for not contacting him to provide evidence of his membership of the NBA National Executive Committee (NBA-NEC), adding that his branch Executive Committee was also not contacted to provide the information.

His words: “This is rather unfortunate. I commend M D Idris for taking this decision in a sportsmanship way.

“However, for the records, I was one of the nominators of M. D. Idris for the position of 1st Vice President of NBA, filled and submitted the form by ECNBA. There was no where in the form where membership of political party was raised.

“I was the Chairman of NBA Minna branch between June, 2016 to June, 2018.

“I was the NEC Rep, member, the only one from Minna branch, between June, 2018 to June, 2020.

“Evidence of membership of NEC can easily be found in the minutes of NEC meetings. Meanwhile, I was never contacted to provide my Evidence of NEC membership, which I stated the relevant period in the form.

“My branch EXCO were not also contacted on my membership of NBA (NEC) between 2018 and 2020.

“I am not yet aware of any law, rule, guidelines of NBA placing restrictions on Members of the Bar from belonging to or actively participating in politics, when political office holders are considered worthy of being made Members of Body of Benchers.”

He urged Doko not to relent in his quest, adding that “we shall continue to support you in your future endeavors, particularly, in NBA politics.”

It was unclear at press time whether Doko plans to appeal his disqualification. The NBA Election is scheduled to hold on July 16, 2022.

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AIKPOKPO, EDUN, RAPULU, AGADA, ANAGOR SET FOR BAR COUNCIL POLL

Several members of the current Nigerian Bar Association (NBA) National Executive Committee will be vying for positions in the forthcoming NBA National Officers and General Council of the Bar Elections slated for July 16, 2022, CITY LAWYER can authoritatively report.

While some of the aspirants have confirmed that they would be vying for the election, impeccable sources told CITY LAWYER that the other officers have also filed nominations for the elections.

There are strong indications that all the aspirants are gunning for positions in the General Council of the Bar.

Impeccable sources told CITY LAWYER that the incumbent National Officers have thrown their hats into the electoral ring are NBA First Vice President, Mr. John Aikpokpo-Martins; Welfare Secretary, Mr. Kunle Edun; Treasurer, Mercy Ajato Agada and Financial Secretary, Mr. Raphael Nnamdi Anagor.

While highly reliable sources told CITY LAWYER that incumbent Publicity Secretary, Dr. Rapulu Nduka had expressed interest in the position, it was unclear at press time whether he was able to beat the deadline for submission of nomination forms.

Section 10 (1) of the NBA Constitution (as amended) provides that “There shall be established an independent body to be known as the Electoral Committee of the Nigerian Bar Association (hereinafter called “the ECNBA”) to conduct elections into National Offices of the Association and election of the representatives of the Association in the General Council of the Bar.”

The ECNBA had issued notices calling for nominations for the election of National Officers and representatives in the General Council of the Bar.

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  • EDITOR'S CHOICE
  • Apr 20, 2022
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MORE ASPIRANTS JOIN NBA ELECTION RACE, SUBMIT NOMINATION FORMS

More aspirants have confirmed that they submitted Nomination Forms for the forthcoming Nigerian Bar Association (NBA) elections into the General Council of the Bar and the National Executive Council.

Virtually all the aspirants who CITY LAWYER predicted in its earlier report would join the race confirmed that they had submitted their nomination forms. Aside from Linda Rose Bala and Ede Asenoguan whose close aides confirmed their submission, the other aspirants confirmed the submission of their nomination forms to CITY LAWYER.

There are strong indications that many aspirants submitted their nomination forms yesterday, even as there may be a few new entrants during the elections. Former NBA Welfare Secretary, Mr. Joshua Enemali and longstanding NBA rapporteur Anne Agi told CITY LAWYER that they have submitted nomination forms to vie for a position in the Bar Council, even as Mr. Churchill Aniekwena of NBA Barnawa Branch said he has joined the race for Welfare Secretary. Another new entrant to the race is global President of African Women Lawyers Association (AWLA), Mandy Asagba who is gunning for the post of 3rd Vice President while impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of NBA Enugu Branch is also vying for the post of Welfare Secretary.

Below are some of the aspirants who CITY LAWYER had confirmed submission of their nomination forms.

PRESIDENT
The battle for the NBA Presidency remains a three-legged tussle between Chief Joe-Kyari Gadzama SAN, Mr. Yakubu Chonoko Maikyau SAN and Mr. Jonathan Taidi. While Gadzama is the Chairman of the Nigerian Bar Association Security Agencies Relations Committee (NBA-SARC), Maikyau is the Chairman of the NBA Welfare Committee. On his part, Taidi is the immediate past NBA General Secretary.

GENERAL SECRETARY
Aside from the presidential race, the election for the post of General Secretary is poised to be between five gladiators. While Messrs Adesina Adegbite, Desmond Yamah, Ewenode William and Collins Ogiegbaen confirmed submission of nomination forms to CITY LAWYER, Ede Asenoguan’s confidante told CITY LAWYER that he submitted his nomination form yesterday.

FIRST VICE PRESIDENT
Zoned to the “Northern Zone,” Idris Doko Muhammad of NBA Lagos Branch confirmed submission of nomination form while an unimpeachable source confirmed that Linda Rose Bala has submitted her nomination form for the race for the pivotal seat of NBA First Vice President. Calls to Messrs Yakubu Saleh Bawa and Liman Salihu received no response. Bala is former NBA Legal Adviser while Bawa is current Chairman of NBA Jos Branch. On his part, Salihu is former Chairman of NBA Lokoja Branch

SECOND VICE PRESIDENT
The post of Second Vice President has been ‘micro-zoned’ to the Core East by the influential Eastern Bar Forum (EBF). Among those who confirmed submission of nomination forms to CITY LAWYER are the immediate past NBA Bwari Branch Chairman, Mr. Clement Chukwuemeka (aka “Democrats”); his NBA Owerri Branch counterpart, Mr. Damian Nosike, and Dr. Gerald Abonyi, pioneer NBA Obollo-Afor Branch Chairman. Mr. Anthony Chukwurah of NBA Gwagwalada Branch and Mr. Finian Eze  Ndukwu of NBA Mbaise Branch also told CITY LAWYER that they have joined the race for Second Vice President.

THIRD VICE PRESIDENT
Zoned to the “Western Zone” comprising Egbe Amofin O’odua and Midwest Bar blocs, CITY LAWYER can confirm that at least three aspirants are now in the race. While former NBA Ota Branch Chairman, Mr. Isaac Omuta Ogbah and Mr. Promise Ademi-Akpeto confirmed submission of their nomination forms to CITY LAWYER, unimpeachable sources told CITY LAWYER that AWLA global President, Mandy Asagba has also joined the race.

TREASURER
Among the aspirants who have confirmed submission of nomination forms to CITY LAWYER are former NBA Assistant Publicity Secretary, Mr. Chuks Mbamala of NBA Enugu Branch; current NBA Epe Branch Vice Chairman and NBA-SPIDEL Committee Treasurer, Funmi Adeogun; former Vice Chairman of NBA Lafia Branch and current Treasurer, NBA Women Forum (NBAWF), Safiya Balarabe as well as Caroline Ladidi Anze-Bishop, former Vice Chairman and former NEC Representative, NBA Bukuru Branch.

WELFARE SECRETARY
Immediate past NBA Assistant Secretary, Chinyere Obasi and former NBA Barnawa Branch Welfare Secretary, Mr. Churchill Aniekwena have confirmed submission of nomination forms for the post of Welfare Secretary. Meanwhile, impeccable sources told CITY LAWYER that Mr. Maximus Ugwuoke of Enugu Branch has now joined the race. CITY LAWYER also reliably gathered that NBA Welfare Committee member and co-opted NEC member, Mr. Auta Nyada has submitted his nomination form. 

PUBLICITY SECRETARY
This is a tripodal race between the immediate past Assistant Publicity Secretary, Mr. Habeeb Akorede Lawal; current NBA Welfare Committee Secretary, Ogaga Emoghanre, and the latest entrant, Mr. Felix Chukwuma Ashimole (aka Che Oyinatumba), a former NBA Bwari Branch Secretary and former Member of NBA Anti-Corruption Committee. All three aspirants have confirmed submission of nomination forms to CITY LAWYER.

ASSISTANT GENERAL SECRETARY
This race may present a crowded field of aspirants. The aspirants who have confirmed to CITY LAWYER that they submitted nomination forms are the current NBA Ikorodu Branch Secretary, Mr. Oluwaseun Aka; incumbent NBA Ilorin Branch Vice Chairman, Mr. Dhikrullah Adewale Balogun; Mr. Daniel Kip of Calabar, and Mr. Oseme Peremene Anthony, former NBA Idemili Branch Chairman.

ASSISTANT PUBLICITY SECRETARY
This may be a straight fight between Mr. Charles Ajiboye who also contested for the position during the last election and Mr. Akachukwu Nwoye, current NBA Gwagwalada Branch Secretary. Both aspirants told CITY LAWYER that they have submitted their nomination forms for the election. 

GENERAL COUNCIL OF THE BAR
Among those itching to represent the Bar at the Bar Council are former NBA Welfare Secretary, Mr. Joshua Enemali and Ms. Anne Agi; current NBA Aba Branch Vice Chairman, Mr. Victor Onweremadu who may have jettisoned his initial quest for the position of Welfare Secretary, and Mr. Femi Onakoya of NBA Lagos Branch.

CITY LAWYER also gathered that many aspirants including some senior advocates have shown serious interest in slugging it out for a place in the General Council of the Bar.

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  • EDITOR'S CHOICE
  • Mar 18, 2022
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NBA ELECTION 2022 TO GULP N35 MILLION

The Nigerian Bar Association National Executive Council (NBA-NEC) has approved about N34.878 million for the conduct of this year’s National Officers Election.

This is a fallout of a painstaking review of the proposed interim budget submitted by the Electoral Committee of the NBA (ECNBA) led by respected senior lawyer, Mr. Richard Akintunde SAN.

The NBA-NEC had deferred the budget review from its quarterly meeting held on February 23, 2022 to yesterday’s Emergency Meeting to enable a thorough review of the proposed budget by members.

CITY LAWYER gathered that a constitutional crisis may have been averted by the passage of the budget, as today was the last day for the electoral umpire to issue the Preliminary Notice of Election in accordance with the amended constitution.

A source who is familiar with the matter told CITY LAWYER that N4 million was shaved off the proposed budget as the electoral committee had secured a temporary office for N1 million at the Abuja Chamber of Commerce and Industry as against the earlier N5 million proposed for that purpose. The source also said that the NBA leadership is rehabilitating its old secretariat where the ECNBA will use as its permanent operational base.

While N4,044,000 was approved as office and administrative expenses, N2,760,000 was approved for ECNBA’s voter education/sensitization outreach. CITY LAWYER gathered that this will be held in clusters in the three zones, with branches invited to the clusters nearest to them for the exercise.

N17,978,000 and $15,000 were approved for the all-important “Technical/ICT” component of the assignment, while N3,871,300 was approved for office equipment such as laptops, photocopying machines, printers and projectors.

CITY LAWYER gathered from an unimpeachable source that the current framework is a departure from the last election when the electoral umpire did not have control of its budget and expenditure.

Asked about the total cost of the previous exercise, a key member of that committee said: “That is something I cannot confirm. The NBA paid directly for everything that was done during the elections. ECNBA members did not sign any cheques but only received individually what they required to carry out their duties and their approved allowances.

“Service providers were all paid by the NBA. As such, it is the NBA that can answer questions as to expenditure for the elections, not the ECNBA. The sums we received individually are on record, so it is only for those we can individually account.”

While a source told CITY LAWYER that NBA will continue to pay vendors as ECNBA does not have legal personality,  analysts believe that the arm’s length relationship between the ECNBA and the NBA leadership will foster greater independence for the electoral umpire and promote free and fair election come July 2022.

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  • EDITOR'S CHOICE
  • Dec 23, 2021
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RPC: ‘WE WILL SUE MALAMI IF BY NEXT WEEK ….,’ SAYS NBA

The Nigerian Bar Association Section on Legal Practice (NBA-SLP) has said that it would sue the Attorney-General and Minister of Justice, Mr. Abubakar Malami SAN if by next week he has not formally reversed the controversial amendment of the Rules of Professional Conduct for Legal Practitioners 2007.

This position was confirmed to CITY LAWYER by the Chairman of the section, Chief Ferdinand Orbih SAN who noted that its legal team is engaging Malami to resolve the impasse.

SLP’s immediate past Chairman, Mr. Oluseun Abimbola SAN also told CITY LAWYER that a lot of meetings were held during his tenure regarding the matter, adding that the new leadership is progressing the matter.

Orbih said that while Malami had denied authorship of the controversial RPC, SLP has demanded a formal retraction to be published in the federal gazette to stave off litigation on the matter.

His words: “The Attorney-General of the Federation was on television to disclaim the controversial Rules of Professional Conduct.

“However, we are aware that the RPC has been gazetted under his name. We have therefore informed the Honourable Attorney-General that a viva voce disclaimer of the RPC will not suffice in the circumstances.

“The NBA Legal Committee has decided to engage the AGF and afford him an opportunity to issue a proper disclaimer through a written instrument published in the gazette. We expect this to be done by next week.

“If at the end of the day this is not done, we will have no option than to carry out the mandate of the NBA to litigate the matter. Let me assure that this will not take long any more, as we have been on this matter for almost two years.”

CITY LAWYER had reported that Malami told a key justice sector stakeholder that the entire RPC saga was orchestrated by a director in his ministry, adding that a disciplinary panel had been set up to investigate the matter.

The NBA National Executive Committee had in a communiqué following its latest meeting in Abeokuta “expressed deep concern” at Malami’s disclaimer during the television interview, adding that “the statement of the AGF is rather curious considering that the purported amendment, which bears his signature, is contained in a Federal Gazzette which has been in circulation and in the public domain for over one year.”

The NBA Legal team is led by leading litigator, Mr. Sunday Ameh SAN. CITY LAWYER recalls that Ameh had mid last year written to the Inspector General of Police on behalf of Malami, urging the police chief to arrest SaharaReporters Publisher, Omoyele Sowore, over the newspaper’s reports exposing Malami’s alleged corruption-fuelled lifestyle.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EDITOR'S CHOICE
  • Jun 28, 2021
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AGC FEES: NBA-NEC COMMUNIQUE CONFIRMS CITY LAWYER REPORT

The controversy over the schedule of registration fees to be charged at this year’s Nigerian Bar Association (NBA) Annual General Conference may have been laid to rest following release of the communique for the last quarterly meeting of NBA National Executive Committee.

Though CITY LAWYER had in an exclusive report stated that “young lawyers will pay N80,000 for in-person attendance at the conference should they fail to register via the early bird and regular windows,” NBA had issued a Press Release describing the report as “misinformation” and urging stakeholders to disregard it.

In the statement issued by the Publicity Secretary, Dr. Rapulu Nduka, NBA said: “The attention of the leadership of the Nigerian Bar Association has been drawn to the misinformation making the rounds with regards to the Annual General Conference 2021 registration fees.

“We urge members to disregard the said publication as the Technical Committee on Conference Planning will release the appropriate registration fees in due time.”

But the communiqué issued today by the NBA has validated the CITY LAWYER report, stating that “NEC further adopts the proposal of the TCCP that the 2019 conference registration fees be retained for the 2021 conference notwithstanding inflation and increased costs of goods and services.”

It is recalled that the 2019 Technical Committee on Conference Planning (TCCP) had in a Press Release stated that lawyers who are 1-5 years post-call would pay N15,000 and N40,000 respectively during the Early Bird and Regular windows while late registration would attract N80,000.

The communiqué also confirmed that the annual conference would be held during the last week of October in Port Harcourt, saying: “Taking into consideration the uncertainties, delays and other challenges occasioned by the Covid-19 pandemic and other matters, NEC ratifies the proposal of the Technical Committee on Conference Planning (TCCP) that the 2021 Annual General Conference be held in the last week of October 2021 in Port Harcourt, Rives State.

“NEC approves the proposal of the TCCP that the conference be held both physically and virtually. NEC urges NBA President and the TCCP to interface with Rivers State Government and other relevant authorities to ensure a Covid-19 compliant environment for the physical conference and to ensure that the access roads to the conference location, and other necessary logistics of hosting a stress-free conference in the State are created.”

The NBA-NEC also took other far-reaching decisions on the suspension of Twitter operations in Nigeria, the conduct of “certain lawyers serving in the FGN” who fail to advise the government appropriately, increasing spate of insecurity in the polity, attacks on public assets, reported extra-judicial killings of citizens alleged to be associated with secessionist movements, the “inordinate delay in the issuance of enrolment numbers to new lawyers by the Supreme Court of Nigeria,” and encroachment of non-lawyers into the legal space, among others.

Below is the full text of the communiqué.

COMMUNIQUE ISSUED AT THE END OF THE QUARTERLY MEETING OF THE NATIONAL EXECUTIVE COMMITTEE OF THE NIGERIAN BAR ASSOCIATION HELD ON THURSDAY 24TH DAY OF JUNE 2021 AT THE NBA NATIONAL SECRETARIAT, ABUJA FCT

1.0. INTRODUCTION

1.1. The Nigerian Bar Association (“NBA”) held her 2nd National Executive Committee (“NEC”) meeting of 2021 on 24th June 2021 at the National Secretariat of the NBA.

1.2. Several issues were discussed including the recently suspended industrial action by Judiciary Staff Union of Nigeria (“JUSUN”); the shrinking of the civic space through recent actions and policies of the Federal Government of Nigeria (FGN); the State of the Nation including the deteriorating state of national security; the protracted crises within the Abuja Branch of the NBA; the welfare of lawyers; scale of charges and remuneration in the legal profession; the harassment of lawyers in the course of practicing their vocation; the incursion of the legal services space by non-lawyers; and other matters of interest to the NBA, in particular, and the society at large.

2.0. RESOLUTIONS

At the end of the extended deliberations, the following resolutions, among others, were reached:

STATE OF THE NATION

Judiciary and Administration of Justice

2.01 NEC observes the festering situation in the Gombe State Judiciary where the State Governor, Muhammad Inuwa Yahaya, continues the elongation of the tenure of the Acting Chief Judge against the recommendation of the National Judicial Council (NJC) to the effect that Justice Beatrice Iliya should be appointed and sworn in as the substantive Chief Judge of the State.

2.02 NEC resolves that NBA must make a very strong case to the Governor of Gombe State on the unconstitutionality of his actions and of any further extension of the tenure of the Acting Chief Judge, with a demand for the Governor to desist from such constitutional breach forthwith.

2.03 NEC further urges the NJC to take decisive action on the flagrant flouting of its directives, else it could be viewed as being complicit in the Governor’s disrespect for the rule of law.

2.04 NEC observes with displeasure that of the over 24 months’ salary being owed some Magistrates in Cross River State, only one month’s salary has been paid since the NBA’s intervention. NEC resolves that the Chairman of NBA Calabar must, on behalf of NEC, further engage with the Chief Judge of Cross-River State and other stakeholders, with a view to bringing the impasse to an end.

2.05 NEC commends the leadership of the NBA for the various roles it played in seeing that the protracted JUSUN strike was suspended. NEC, however, urges the NBA President to ensure that the terms of the Memorandum of Action signed by JUSUN and the Nigerian Governors’ Forum are respected so that the strike will not be reactivated.

Constriction of civic space

2.06 NEC notes with grave concern (a) recent actions and policies of the FGN that appear to constrict the civic space and limit constitutionally guaranteed rights of citizens in a democracy. In particular, NEC condemns the recent suspension of the micro blogging site, Twitter, by the FGN; and (b) the embargo placed by Nigerian Broadcasting Commission on broadcasters from using contents generated from Twitter. NEC considers both acts as veiled gagging of the media, and suppression of the civic space by the government.

2.07 NEC further notes that such actions by the FGN have the tendency of undermining Nigeria’s democracy and investment attractiveness especially as such acts and policies may, if not challenged, be extended to other platforms and avenues that are available to citizens to express their constitutionally guaranteed rights. Accordingly, NEC supports and ratifies the decision of the NBA President to challenge the constitutionality of the said policies and actions through the NBA Public Interest Litigation Committee.

2.08 NEC decries the conduct of certain lawyers serving in the FGN who fail to advise the government appropriately thereby leading to policies by the government which either flout the fundamental rights of citizens or have the tendency of bringing the profession to disrepute. To this end, NEC directs the NBA President to reach out to lawyers serving in the FGN on the need to properly advise and guide the government in accordance with the dictates of the Constitution and respect for fundamental rights and freedoms.

Increasing spate of insecurity

2.09 NEC strongly condemns the attacks on public assets such as INEC offices, police stations and military formations by the so-called unknown gunmen; the killing of law enforcement agencies and prominent citizens such as Ahmed Gulak and Justice Stanley Nnaji (Rtd.), amongst others. NEC further condemns the reported extra-judicial killings of citizens alleged to be associated with secessionist movements and demands that the government should deploy the carrot and stick approach in tackling the resurgent secessionist agitations so as not to exacerbate the crises.

2.10 NEC decries the worsening security situation in the Nigeria including the unabating insurgency, incessant abductions, unending crisis between herders and farmers, kidnappings and attacks on communities and individuals, and calls upon governments at all levels to take more proactive steps towards stemming this tide.

Lawsuit challenging elongation of IGP’s tenure

2.11 NEC rues the implications of the recent judgment of a Federal High Court which upheld the powers of the President of the Federal Republic of Nigeria to elongate the tenure of the Inspector General of Police.

2.12 NEC notes the pendency of the lawsuit filed by the NBA through its Public Interest Litigation Committee on the same subject matter and urges the NBA to continue to conscientiously prosecute same through all levels of court in Nigeria as such is required to set a precedent for the future conducts and decisions of public office holders in similar circumstances.

STATE OF THE BAR

Enrollment Number for New Lawyers

2.13 NEC expresses deep concerns over the inordinate delay in the issuance of enrolment numbers to new lawyers by the Supreme Court of Nigeria. NEC accordingly urges the NBA President to continue to constantly liaise with the Chief Registrar of the Supreme Court of Nigeria with a review to ensuring that the affected new wigs are issued their enrolment numbers.

Scale of Charges and Remuneration of Lawyers

2.14 NEC approves the work being done by the NBA Remuneration Committee in developing a realistic and enforceable scale of charges for lawyers and in addressing the issue of poor remuneration amongst lawyers, and directs the leadership of the various branches of the NBA with similar initiatives to work with the NBA Remuneration Committee in developing a central and robust framework that will be acceptable to lawyers.

Encroachment of Non-Lawyers into the Legal Space

2.15 NEC decries the continued encroachment of non-lawyers (including corporate bodies and other institutions) into areas that are considered to be the preserve of legal practitioners through the offering of legal services, in many cases with the connivance or support of some lawyers.

2.16 NEC also notes, with concern, the increasing trend of lawyers who offer their services in a manner that is inconsistent with the rules or practice of the legal profession.

2.17 NEC further directs that:

(a) the NBA Disciplinary Committee should promptly investigate any complaints against lawyers (including in-house counsel and heads of legal departments) who undertake, advise on, participate in, or supervise the establishment or operation of schemes that purport to, or have the tendency of, unlawfully encroaching into areas of practice of lawyers or who undertake other similar acts that are inconsistent with rules and practice; and (b) the leadership of the NBA Section on Legal Practice to take more proactive steps to address some of the known cases of infraction and possibly prompt the commencement of criminal prosecution of the offenders.

2.18 NEC notes that certain laws in Nigeria require that the services of Nigerian lawyers must be retained in relation to certain matters, and accordingly directs the NBA President to engage with the Nigerian Content Development and Monitoring Board and other relevant stakeholders with a view to ensuring that foreign and local investors retain indigenous legal practitioners and law firms for their legal services needs in the prescribed cases.

2.19 NEC charges the leadership of NBA Branches to be more pro-active and innovative in checking against sharp practices and other unethical practices by lawyers and court officials such as the use of affidavit to convey or transfer title over real property.

Harassment of Lawyers

2.20 NEC reviles the circumstances leading to the brutalization of the Chairman of the Makurdi Branch of the NBA by operatives of the Economic and Financial Crimes Commission (EFCC) on 8th June 2021.

2.21 NEC commends all the efforts taken by the NBA President thus far, in seeing that the officers involved in the act are disciplined by the EFCC, and further directs the NBA President to take the opportunity of the unfortunate Makurdi incident to finally put an end to the epidemic of brutalization and harassment of legal practitioners by law enforcement agencies in the discharge of the lawyer’s professional duties.

Attitude, language, and conduct of lawyers in public

2.22 NEC observes the deplorable and heightened trend of lawyers commenting in public fora on sensitive matters which are pending before the courts, and urges all lawyers to desist from this practice. NEC further observes that intemperate language is spreading among members of the Bar, both in dealings amongst lawyers and in dealings with the Bench. NEC deprecates such behavior and urges that disciplinary action be taken against lawyers who indulge in such conducts and that reports for disciplinary action be made against members of the Bench who are also found wanting.

Annual General Conference

2.23 Taking into consideration the uncertainties, delays and other challenges occasioned by the Covid-19 pandemic and other matters, NEC ratifies the proposal of the Technical Committee on Conference Planning (TCCP) that the 2021 Annual General Conference be held in the last week of October 2021 in Port Harcourt, Rives State.

2.24 NEC approves the proposal of the TCCP that the conference be held both physically and virtually. NEC urges NBA President and the TCCP to interface with Rivers State Government and other relevant authorities to ensure a Covid-19 compliant environment for the physical conference and to ensure that the access roads to the conference location, and other necessary logistics of hosting a stress-free conference in the State are created.

2.25 NEC further adopts the proposal of the TCCP that the 2019 conference registration fees be retained for the 2021 conference notwithstanding inflation and increased costs of goods and services.

Reports of Standing and Ad-Hoc Committees

2.26 NEC approves the interim report of the following Standing and Ad-hoc Committees: (i) Constitution Review Committee; (ii) Welfare Committee; (iii) Human Rights Committee;

(iv) Digital Committee; (v) Legal Education Committee and (vi) Remuneration Committee.

2.27 NEC ratifies the appointment of six (6) Zonal Coordinators for the NBA Human Rights Committee which is aimed at ensuring easier coordination and facilitating the achievement of the mandate of the Committee.

NBA Abuja Branch Crisis

2.28 NBA President informs NEC that pursuant to the mandate given to him at the NEC meeting held in Uyo on the 18th of March 2021 to conclusively deal with the crisis in NBA Abuja Branch in the most expedient manner, he has decided to take the option of splitting the branch and will proceed to implement immediately and report back to NEC upon completion.

OTHER MATTERS
Resuscitation of Military and Paramilitary Fora

2.29 NEC resolves that the forum for lawyers in the armed forces and paramilitary should be resuscitated to reignite the interest of such members and to drive the discussions on issues affecting the Bar and the military and paramilitary agencies. NEC further mandates the NBA President set up the Governing Council of the fora for approval by NEC.

Establishment of New Fora

2.30 NEC approves the establishment of three new fora namely: (i) the Corporate Counsel Forum; (ii) the Law Officers Forum; and (iii) the Lawyers with Disability Forum, each to deal with issues concerning, and cater to the peculiar interests of, members who fall within these special interest groups and to engender diversity and inclusion in the affairs of the NBA. NEC further approves the membership of the Governing Council of the new fora as announced by the NBA President.

Young Lawyers Permanent Observers at NEC

2.31 In order to further engender inclusion, NEC approves that the appointment of 10 young lawyers as announced by the NBA President as Permanent Observers at all NEC meetings during the term of the current administration of the NBA, pending such time that the NBA Constitution is amended to allow for young lawyers to be appointed into NEC as members.

Ratifications

2.32 NEC ratifies: (a) the participation of lawyers in the National Health Insurance Scheme (NHIS) and approves the partnership between the NBA and NHIS which will see lawyers and members of their families enjoy primary, secondary and tertiary health services at a deeply discounted rate of N15,000 per annum. NEC further ratifies that in order to test-run the scheme, NBA should pay the health cover premium for 1,000 eligible lawyers selected from across all branches of the NBA; and (b) the setting up of an NBA Help Desk within the CAC to address the service level issues being faced by lawyers pending such time that the current challenges at the CAC are holistically or satisfactorily dealt with.

Further information

Further information on the above resolutions, including details of other matters discussed, and resolutions passed, at the said NEC meeting can be found in the minutes of the NEC meeting which will be circulated to NEC members, a copy of which will be available for inspection at the NBA Secretariat from 1st July 2021.

Dated this 25th day June 2021

……………………………

OLUMIDE AKPATA
NBA PRESIDENT

………………………………..

JOYCE ODUAH
GENERAL SECRETARY

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EDITOR'S CHOICE
  • Jun 25, 2021
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NBA-NEC: SIGHTS & SIGHTS OF BARBEQUE DINNER, BREAKFAST

Life Bencher and Bar Leader, Chief Joe-Kyari Gadzama, SAN today hosted Nigerian Bar Association National Executive Committee (NBA-NEC) delegates to a Departure Sunrise Breakfast to mark the end of proceedings at the quarterly meeting. He had last Wednesday also hosted the delegates to a Welcome Barbeque Dinner & Dance at his state-of-the-art J-K Gadzama Court in central Abuja.

Below are faces at the events.


  • EDITOR'S CHOICE
  • Jun 25, 2021
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  • Comments Off on ROTATIONAL PRESIDENCY: ELECTORAL REFORM C’TE WANTS NBA CONSTITUTION AMENDED

ROTATIONAL PRESIDENCY: ELECTORAL REFORM C’TE WANTS NBA CONSTITUTION AMENDED

The Nigerian Bar Association Electoral Audit and Reform Committee (NBA-EARC) has called for the amendment of the NBA Constitution to clearly provide for rotational presidency.

In a 44-page report obtained by CITY LAWYER, the committee poked holes in the NBA Constitution as it relates to rotational presidency and recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone.”

The committee “identified the issues that plagued the 2016, 2018 and 2020 elections and classified them into three broad categories; namely: (i) Pre-election issues, (ii) Election Day issues and (iii) Post-Election issues.”

Specifically, it identified “Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution” as a major stumbling block towards free and fair NBA elections.

Other challenges that hampered the elections were: Delay in appointment and appearance of lack of Independence of the ECNBA; Appearance of lack of transparency in the engagement of service providers; Negative impact of money driven campaigns on the election’s credibility; Involvement of the sitting NBA President in the electoral process; Non-implementation of the rotational policy as it relates to the different groups and/or sections in a geographical zone as stated in the constitution; Cumbersome verification process; Lack of integrity and late publication of the list of eligible voters; Lack of integrity of the NBA voting portal; Involvement of the NBA Secretariat in the electoral process; and Poor IT knowledge of some Lawyers.

Turning to the controversial issue of rotational presidency, the committee recommended that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone.”

According to the committee which was chaired by respected senior lawyer and longstanding NBA Lagos Branch Electoral Committee Chairman, Mr. Ayodele Akintunde SAN, “The committee found that “Another area of concern is the interpretation of the constitutional provisions of zoning particularly with respect to the election to the office of the President.

“The rotational presidency of the NBA was initially an informal arrangement until it was formalized by its incorporation into the NBA Constitution. Sadly, what started out as an arrangement geared toward promoting an all-inclusive bar is now posing a threat to the unity of the Bar.

“The NBA is divided into three (3) geographical zones for the purpose of electing National Officers namely- Northern Zone, Eastern Zone and Western Zone. The list of states that make up the respective geographical zones are set out in Paragraph 1.2 (e) of the Second Schedule to the NBA Constitution.

“The Northern Zone is made up of the following states: Adamawa, Bauchi, Benue, Borno, Gombe, Jigawa, Kaduna, Kano, Katsina, Kebbi, Kogi, Kwara, Nasarawa, Niger, Plateau, Sokoto, Taraba, Yobe, Zamfara and Abuja. The Eastern Zone is made up of the following states: Abia, Akwa Ibom, Anambra, Enugu, Bayelsa, Ebonyi, Cross River, Imo, and Rivers while the Western Zone is made up of the following states: Delta, Edo, Ekiti, Lagos, Ogun, Ondo, Osun, and Oyo.

“Since the amendment of the NBA Constitution in 2015, the geographical rotation of the position of President of the NBA has been complied with. In 2016, Mr. Abubakar Mahmoud, SAN from the Northern Zone was elected as President while in 2018, Mr. Paul Usoro, SAN from the Eastern Zone was elected and more recently in 2020, Mr. Olumide Akpata from the Western Zone was elected as President.

“In past elections, members of the NBA have alleged that some ethnic associations within the NBA amass support for candidates from select states within a geographical zone thereby marginalizing candidates from other states despite the provisions of paragraph 2.2 (d) of the Second Schedule to the NBA Constitution which provides for the rotation of a position in turn by the different groups and/or sections in the geographical zone.”

The committee therefore recommended that “The provisions of Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule to the NBA Constitution should be strictly adhered to in order to ensure that no group and/or section in a geographical zone is marginalized and the unity of the bar is preserved.”

It also urged that “The NBA Constitution should be amended to specifically state/identify the different groups and/or sections in a geographical zone since different groups and/or sections do not appear to mean a state within the geographical zone,” adding that “The ECNBA in its preliminary notice for the election of National Officers of the NBA should specify which group and/or section in a geographical zone the position is rotated to as a measure to ensure adherence to Section 9 (d) and Paragraph 2.2 (d) of the Second Schedule of the NBA Constitution.”

The Committee stated that it “is of the firm view that if the recommendations contained in this Final Report are implemented, future elections of National Officers of the NBA by electronic voting will be devoid of the controversies which have plagued past elections,” while urging the Olumide Akpata led association to “commit to making the required changes to its electoral processes and reference point for conducting credible, free and fair elections in Nigeria and rebuild confidence in the electoral process for the overall good of all. NBA must be true to its motto which is “promoting the rule of law”.

It is recalled that Akpata had during his inaugural address promised to reform NBA’s electoral system to ensure that it is devoid of the controversies that had trailed its elections especially since the advent of electronic voting. The committee was on September 30, 2020. CITY LAWYER gathered that the NBA-EARC Report was presented to the NBA-NEC Meeting at Uyo, Akwa Ibom State.

The full report is available at this link.
https://citylawyermag.com/wp-content/uploads/2021/06/FINAL-REPORT-EARC.pdf

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

 

  • EDITOR'S CHOICE
  • Jun 23, 2021
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GADZAMA HOSTS NBA-NEC DELEGATES TODAY, HAILS AKPATA

Life Bencher, Chief Joe-Kyari Gadzama, SAN has described the Nigerian Bar Association National Executive Committee (NBA-NEC) as the “engine room of the largest bar in Africa,” adding that it “bears on its members the burden of ensuring the legal profession in Nigeria progresses as expected.”

In a statement made available to CITY LAWYER, the leading litigator also commended NBA President, Mr. Olumide Akpata led Executive “for their tireless work at ensuring the Bar in Nigeria remains alive to its duties and obligation,” adding that “I believe a lot if not all lawyers share this sentiment with me.”

Meanwhile, Gadzama has invited the delegates to Welcome Barbeque Dinner/Dance and Departure Sunrise Breakfast. The notice reads:

Joe-Kyari Gadzama, SAN a former Chairman of the Nigerian Bar Association (NBA) Abuja Branch has invited NBA-NEC Members arriving today Wednesday, 23 June, 2021 for the NBA-NEC Meeting to a Welcome Barbeque Dinner & Dance this evening by 8:00 pm at the Pent Floor Terrence, 4th Floor, J-K Gadzama Court, Plot 1805, Damaturu Crescent by Kabo Way, Off Ahmadu Bello Way, Garki 2, Abuja.

The learned silk also invites the NEC Members to a Departure Sunrise Breakfast by 7:30 am on Friday, 25 June, 2021 at the same venue before they depart for their respective branches.

Dress Code: Smart Casual

Below is the full text of the Goodwill Message.

GOODWILL MESSAGE FROM JOE-KYARI GADZAMA, SAN TO THE NIGERIAN BAR ASSOCIATION (NBA) NATIONAL EXECUTIVE COMMITTEE (NEC) MEMBERS AS THEY HOLD THEIR ALL IMPORTANT NBA-NEC MEETING SCHEDULED FOR THURSDAY, 24 JUNE, 2021 AT THE NBA AUDITORIUM, NBA HOUSE IN ABUJA

It is with profound humility and utmost pleasure that I felicitate and welcome the distinguished and hallowed Members of NBA-NEC to another meeting of the body in Abuja, my own primary constituency.

The NBA-NEC being the engine room of the largest bar in Africa bears on its members the burden of ensuring the legal profession in Nigeria progresses as expected. Therefore, I commend every member of the NBA-NEC for your efforts and dedication in ensuring that the legal profession in Nigeria thrives and competes favorably with its counterparts around the world. Posterity will indeed recognize all of your sacrifices.

Furthermore, I must especially commend the leadership of the Olumide Akpata led Executive for their tireless work at ensuring the Bar in Nigeria remains alive to its duties and obligation. I believe a lot if not all lawyers share this sentiment with me.

Once more, I congratulate and welcome NBA-NEC Members and wish them journey mercies to Abuja, successful deliberations and safe travels back to your respective Branches.

God bless you all.

Thank you.

______________________________
JOE-KYARI GADZAMA, OFR, MFR, SAN
Fmr. Chairman, NBA Abuja Branch
Pioneer Chairman, NBA-SPIDEL
Fmr. Vice-Chairman, NBA-SLP

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

  • EDITOR'S CHOICE
  • Mar 21, 2021
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  • Comments Off on SHOCKER: A/COURT NOMINEES CAN’T EXPLAIN ‘LIS PENDENS,’ NJC DUMPS THEM

SHOCKER: A/COURT NOMINEES CAN’T EXPLAIN ‘LIS PENDENS,’ NJC DUMPS THEM

There are strong indications that under-fire National Judicial Council (NJC) may have dropped two jurists who performed woefully during its screening exercise for appointment as Court of Appeal justices.

This may not be unconnected with their inability to answer basic legal questions as well as the backlash the NJC has been receiving following the unprecedented revelation by Nigerian Bar Association (NBA) President, Mr. Olumide Akpata that the entire screening exercise was near shambolic.

CITY LAWYER was told by a reliable source that the dropped candidates (names withheld) are from Kebbi and Katsina States.

Respected human rights activist and former Chairman of the National Human Rights Commission (NHRC), Prof. Chidi Odinkalu hinted on the NJC’s decision when he tweeted thus: “The President of @NigBarAssoc, @OlumideAkpata, deserves considerable credit for his advocacy on standards of judicial appointments. He managed to pare back this recent list of #CourtOfAppeal nominees from 20 to 18. The 2 candidates reportedly didn’t know what #LisPendens means! https://t.co/Y9B9bVwoBF.”

CITY LAWYER had gathered from an impeccable source that at least one of the candidates was unable to explain the term, ‘lis pendens.’ Our source said the aspirant argued that the subject ‘had not come before his court!’ Akpata had alluded to this when he sensationally revealed that “Important legal issues that were occasionally put to the nominees could not be answered,” though he refused to give details. Black’s Law Dictionary defines ‘lis pendens’ as “a Latin phrase for a pending suit or a person who has been suspended.”

Narrating his disappointment with the entire screening exercise, Akpata told members of the NBA National Executive Committee (NBA-NEC) at their quarterly meeting in Uyo, Akwa Ibom State, that the screening exercise was akin to “an old school boys meeting.”

His words: “What I saw and experienced at the NJC meeting on the appointment of judges to the Court of Appeal left me aghast. At a point, I, as a “Johnny Just Come’ (new attendee), had to ask, ‘Are these people really going to the Court of Appeal?’

“Important legal issues that were occasionally put to the nominees could not be answered. The whole proceedings appeared more of an old school boys meeting. When I wondered at this, I heard things like, ‘They will learn on the job.’ We were to interview 20 nominees at a point but only 2 hours was allocated for this important exercise. That meant six minutes only for each nominee. What is this? Let me assure you that the NBA will never be a rubber stamp participant at such bodies. You can quote me.”

CITY LAWYER had exclusively reported that Akpata had also written a petition to the Chief Justice of Nigeria (CJN) and NJC Chairman, Justice Tanko Muhammad on the issue.

The NJC is yet to respond to the indictment by the NBA President at press time.

Copyright 2020 CITY LAWYER. Please send emails to citylawyermag@gmail.com. Join us on Facebook at https://web.facebook.com/City-Lawyer-Magazine-434937936684320 and on TWITTER at https://twitter.com/CityLawyerMag. To ADVERTISE in CITY LAWYER, please email citylawyermag@gmail.com or call 08138380083. All materials available on this Website are protected by copyright, trade mark and other proprietary and intellectual property laws. You may not use any of our intellectual property rights without our express written consent or attribution to www.citylawyermag.com. However, you are permitted to print or save to your individual PC, tablet or storage extracts from this Website for your own personal non-commercial use.

 

  • EDITOR'S CHOICE
  • Jun 19, 2020
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THE USORO LEGACY: NBA NEC MEETINGS

BY AKOREDE HABEEB LAWAL

Nigerian Bar Association (NBA) Assistant Publicity Secretary, MR. AKOREDE HABEEB LAWAL in this article made available to CITY LAWYER tracks the gains of the Paul Usoro SAN-led Administration in organizing National Executive Committee (NBA-NEC) meetings.

Meetings of the Nigerian Bar Association are above the simplistic coming together of two or more persons to discuss issues of mutual interest. The meetings of members of the NBA are to varying degrees the major decision making organs of the Bar. The essence, in my view, is democratic. And unsurprisingly, by virtue of Article 5 of the NBA Constitution, 2015 (as amended) the supreme authority of the Bar rests in the General Meeting.

At the national end, the NBA is mandated to hold three statutory meetings – National Officers meeting, National Executive Committee meeting and the General Meeting. The monthly National Officers meetings have an expected attendance of the 14 elected officers. The quarterly National Executive Committee (NEC) meetings are attended by almost 500 statutory and co-opted NEC members. The Annual General meeting is open to all members and participants in recent years had hardly been lesser than 1000 in number.

The logistics of holding these statutory meetings are quite heavy on the purse of the association, but we cannot run the extreme by limiting the meetings – both in essence and numbers – as the meetings serve as necessary and statutory checks on the Bar leadership. Thus, while we cannot cut down on the meetings, we can and we have been cutting down on the costs of the meetings since September 2018, when the Paul Usoro, SAN leadership came on board.

It was at the first NEC meeting hosted by the Paul Usoro, SAN administration in December 2018 at the NBA House in Abuja that the tone of changing the status quo was set.

NEC members came expecting their usual hurriedly printed NEC entrance tags, but they were met with bespoke neck tags bearing their names and the duration of their term (2018 to 2020). At the end of the meeting, the Secretariat staff recalled the tags from the participants and kept them. Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!

Hitherto, NBA used to ‘bless’ her NEC members with what was known as NEC Bundle. NEC Bundles were nicely printed hard books with the sober green logo of the NBA on their covers. A flip through the pages welcome you with the glossy pictures of National officers and ordinary prints of quarterly reports of all NBA activities. In a year, a NEC member would go home with 4 of such and if well arranged, you would easily mistake NEC Bundles for useful law books on the shelves of the library of a NEC member. The only difference is that they were bought for the half of a thousand NEC members with NBA funds – running into tens of millions.

Since December 2018, the ‘NEC Bundle’ and its contractors regime has been ousted. In its stead, NEC reports are sent via emails and special WhatsApp Groups to all NEC members prior to the meetings. NEC members are encouraged to attend the meetings with their devices and, in place of heavy NEC bundles, the Paul Usoro leadership makes pervasive fast internet facilities at the venue of the meeting to aid free and easier downloads of the electronic reports. In addition to this, the reports are projected on a large screen for members to follow proceedings.

It was the same initiative that the present NBA leadership adopted on a bigger scale at her first Annual General meeting in 2019. The yearly reports were electronically reduced into PDF formats and were sent to members via emails. By this seemingly simple but ingenious efforts, we saved our association hundreds of millions that would have gone to some printers. And this is one of the reasons we were able to record for the first time ever hundreds of millions as surplus, post -2019 annual general conference.

While the conversation about the NBA picking the hotel bills of statutory NEC members is ongoing, the Paul Usoro administration has made the process more transparent and prudent. Shifting from the earlier system of reserving hotel accommodation for statutory members who may end up not attending the meeting, presently, until a NEC member is confirmed physically present for the meeting, reservations of accommodation are not availed. An indication of the success of this system is that in 2019 and for arguably the first time ever in the NBA history, the present Welfare Secretary, Joshua Enemali Usman returned more than a million Naira of un-utilized hotel bills to the coffers of the NBA.

In respect of meetings of National Officers, long before Covid-19 pandemic, and at the first constitutional amendment opportunity in August 2019, this NBA administration caused the General meeting to amend the NBA Constitution by adding a proviso to Article 8 (6). The said provision now allows for the monthly national officers meeting to hold via teleconference, videoconference and other electronic means, thereby cutting hotel and travel costs that would otherwise have been incurred.

This forward looking provision defines how leadership stands tall to take a peep into the future and face it by earnestly changing the status quo.

“Upon return for the next NEC meeting, the same tags were returned to the respective NEC members and this has been the culture since 2018. One NEC tag for one NEC member in one NEC term. No reprinting tags. No return of money to the NEC Printer!”

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FORMER SCRIBE HAILS NBA AT NEC

Former Nigerian Bar Association (NBA) 1ST Assistant Secretary, Mr. Okey Leo Ohagba has advised lawyers to be “more selfless in offering meaningful contributions towards repositioning the NBA as that Voice of the Voiceless.”

In a goodwill message to NBA National Executive Committee (NBA-NEC) members, he also called on lawyers to “focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.”

Below is the full text of the message.

GOODWILL MESSAGE

It is my profound pleasure to felicitate with the NBA President, Paul Usoro, SAN, NBA NEC Members and observers alike, as we converge in Abuja for the National Executive Committee (NEC) Meeting of our dear Association, holding from the 4th to the 6th day of December, 2019.

As we gather to lend our voices for the good of our Nation and particularly our NBA, I call on us to be more selfless in offering meaningful contributions towards repositioning the NBA as that “Voice of the Voiceless”, particularly at a time when our nation’s core democratic foundations are being threatened, even more overtly.

Let me also remind us that the future of the Bar and Legal Profession in Nigeria can only be assessed by the level of investment we make today in younger members of the profession. Therefore, I urge us to focus more on welfare and capacity building programs for lawyers (especially the young lawyers), so as to enable them compete more favorably in the emerging global legal market.

Finally, I wish the NBA – NEC, fruitful deliberations and meaningful resolutions. Do have a pleasant stay in the Federal Capital Territory

and journey mercies to and fro your respective abodes.

With Compliments from;

Okey Leo Ohagba

Immediate Past NBA 1st Asst. Secretary

FRAUD CHARGE: WE MUST STOP EFCC, SAYS USORO

Nigerian Bar Association (NBA) President, Mr. Paul Usoro (SAN) has urged lawyers to rise against the alleged incursion into the legal profession by the Economic and Financial Crimes Commission (EFCC). Continue Reading

NBA ELECTIONS: Usoro Wins ‘Round One’

*As NBA NEC Ratifies Election

*Saraki, Olanipekun, Okocha, Others Hail Victory

* ‘Embark on Electoral Reforms Now’

Nigerian Bar Association (NBA) President-elect, Mr. Paul Usoro SAN has scored a major victory with the ratification of his election by the NBA National Executive Committee meeting that held today in Abuja. Continue Reading